Copyright
What you should know
Article 1, Section 8, Clause 8
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
From my summer class………….
Fair Use………...Is it good Teaching?
Remember, students watch how we treat the law.
We should make sure students understand that we use a lot of information under
The Fair Use Law that is not a good habit.
Set a good example by using OPEN EDUCATION RESOURCES, or CREATIVE COMMONS
Freelance Writers
U.S. Supreme Court now says that:
If a publisher has not acquired electronic rights in writing, permission must be obtained from the author to reproduce a freelance article in an electronic database. (Tasini v. The New York Times Company, 533 U.S. 483 (2001).)
At first I thought this was a no brain decision, however there are many consequences of this ruling that were probably not intended by the 6 freelance writers who brought the case to the Supreme Court.
Now Tasini applies to ALL articles.
We like to look up articles on the internet. Libraries keep collections of newspapers and magazines with articles written by Freelance writers.
Anything that was saved in electronic form, before the mid 1990’s which did not have written permission for electronic rights was removed from any database that had it stored. Libraries scramble to fill in the holes left by what had to be removed. Most people will have to find paper copies of older articles.
Today, there are provisions made for ebooks. But what about before ebooks existed? Sticky ground.
(Random House,Inc. V. Rosetta Books LLC, 283 F.3d 490 (2d Cir. 2002).)
Famous authors William Styron, Kurt Vonnegut, and Robert Parker granted Rosetta Books permission to publish digital versions (ebooks) of several of their previously published (hardcopy) books. These books were previously published by Random House. Random House sued Rosetta for copyright infringement. Pg 228. (2014). In The Copyright Handbook(12th ed.). The court held that the contract language did not say anything about ebooks and noted that in the publishing trade the clause exclusive publishing rights means for a hardcover version in English for distribution in North America.
Misconceptions about Copyright and Fair Use
If it is on the internet, I can take it………………………………………………………….NO
If I’m not profiting from it, it is okay………………………………………………………...NO
If it doesn’t have a ©️ I can use it………………………………………………………………..NO
I am just paraphrasing, I do not need to give credit……………………………………..NO
Mickey Mouse
In 1999 The Supreme Court quietly passed what is known as the Sonny Bono Act renewing ALL copyrights for 20 more years. Which meant Mickey Mouse, Pluto, Goofy and Donald Duck were still property of The Walt Disney Company and not in the Public Domain.
This took some heavy lobbying, hefty campaign contributions. People called it a great legal heist!
So Mickey is still not Public
Ticked off Harvard Law Professor Lawrence Lessig who went on to create an American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share.
YES! That is where Creative Commons comes from……...say that 3 times fast!
Teachers Pay Teachers
Post Ethically
If you are going to post anything to this site or Pinterest then:
on your own device.
Costly Mistake
There is a difference between willful misuse and not knowing the difference.
Willful misuse and be very expensive!
An ESU in Nebraska published a presenter’s materials to their website with permission. What they did not know is that the presenter used copyrighted materials without permission.
2 Schools had to pay $200.00 and $3000.00 respectively.
Free
To use it the right way, get it for free!
Music
We all love the warm up music before a ball game!
As you know, and has been done at SHS, 10% or 30 seconds of a song can be played and not infringe.
Hmmmmm. A very gray area!
Or We could make our own music…………………………...
References
14 Copyright Essentials Teachers and Students Must Know. (n.d.). Retrieved June 10, 2019, from http://ditchthattextbook.com/2015/09/04/how-to-get-and-use-free-images-the-right-way-in-class/
Amron, C. (n.d.). Ten Common Misconceptions About Copyright and Fair Use[Pamphlet]. Columbus, OH: Vorys, Sater, Seymour and Pease LLP.
Carter, R. (n.d.). Copyright, Fair Use, & Education https://youtu.be/opqlNGBB0c8. Retrieved June 10, 2019, from https://youtu.be/opqlNGBB0c8
Fishman, S. (2014). The copyright handbook what every writer needs to know. Berkeley, CA: Nolo.
Pg 228. (2014). In The Copyright Handbook(12th ed.).
References pg 2
Surowiecki, J. (n.d.). Https://www.newyorker.com/magazine/2002/01/21/righting-copywrongs. The New Yorker. Retrieved June 10, 2019, from https://www.newyorker.com/magazine/2002/01/21/righting-copywrongs
U.S.Cong. (n.d.). The Constitution[Cong. Bill from 1st Cong.]. Retrieved June 10, 2019, from https://constitutioncenter.org/interactive-constitution/articles/article-i.